IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA BLAINE GALLIHER, THOMAS JACKSON, ) TERRY SPICER, THOMAS D. DERMODY, ) FREDDIE WILLIAMS, JR., LINDA COLEMAN, ) MERIKA COLEMAN, and JAMES P. WRYE, ) ) Plaintiffs, ) ) CASE NO: CV - v. ) ) BRADLEY BYRNE, in his official capacity ) as Chancellor of the Alabama Postsecondary ) Education Department, THE ALABAMA ) POSTSECONDARY EDUCATION ) DEPARTMENT, THE ALABAMA STATE ) BOARD OF EDUCATION, RANDY MCKINNEY, ) in his official capacity as President Pro Tem of the ) Alabama State Board of Education, BETTY PETERS, ) in her official capacity as a member of the Alabama ) State Board of Education, STEPHANIE W. BELL, ) in her official capacity as a member of the Alabama ) State Board of Education, DR. ETHEL H. HALL, ) in her official capacity as Vice President Emerita of the ) Alabama State Board of Education, ELLA B. BELL, ) in her official capacity as a member of the Alabama ) State Board of Education, DAVID F. BYERS, JR., ) in his official capacity as Vice President of the ) Alabama State Board of Education, SANDRA RAY, ) in her official capacity as a member of the Alabama ) State Board of Education, and DR. MARY JANE ) CAYLOR, in her official capacity as a member of the ) Alabama State Board of Education. ) ) Defendants. ) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF PARTIES 1. PLAINTIFF Blaine Galliher is an employee of a junior college and/or trade school subject to rules promulgated by the Alabama State Board of Education ( State Board ), 1

including Alabama College System Policies Number 220.01 and 609.04 ( Policies 220.01 and 609.04"). See Exhibits A & B hereto, respectively. 1 He is also a member of the House of Representatives of the State of Alabama. Plaintiff Galliher will stand for re-election in 2010. 2. PLAINTIFF Thomas Jackson is an employee of a junior college and/or trade school subject to rules promulgated by the State Board, including Policies 220.01 and 609.04. He is also a member of the House of Representatives of the State of Alabama. Plaintiff Jackson will stand for re-election in 2010. 3. PLAINTIFF Terry Spicer is an employee of a junior college and/or trade school subject to rules promulgated by the State Board, including Policies 220.01 and 609.04. He is also a member of the House of Representatives of the State of Alabama. Plaintiff Spicer will stand for re-election in 2010. 4. PLAINTIFF Thomas D. Dermody resides in Alabama House of Representatives District 21. He voted for, and is represented by, a house member who is also an employee of a junior college and/or trade school subject to Policies Number 220.01 and 609.04. Plaintiff Dermody wishes to have his elected representative actually represent him in the Alabama Legislature, and he desires to re-elect and be represented by, his current representative in 2010. Plaintiff Dermody is one of approximately half a million Alabamians currently represented in the Legislature by employees of the State Board. 5. PLAINTIFF Freddie Williams, Jr., resides in Alabama Senate District 26. He voted for, and is represented by, a state senator who is also an employee of a junior college and/or trade school subject to Policies Number 220.01 and 609.04. Plaintiff Williams wishes to 1 Policy 609.04 references Policy 611.01 which is attached hereto as Exhibit C. 2

have his elected representative actually represent him in the Alabama Legislature, and he desires to re-elect and be represented by, his current senator in 2010. Plaintiff Williams is one of approximately half a million Alabamians currently represented in the Legislature by employees of the State Board. 6. PLAINTIFF Linda Coleman is a member of the Alabama Senate who intends to seek employment with a junior college and/or trade school subject to Rules promulgated by the State Board, including Policies Number 220.01 and 609.04. Plaintiff Linda Coleman will stand for re-election in 2010. 7. PLAINTIFF Merika Coleman is a member of the House of Representatives of the State of Alabama who intends to seek employment in the future with a junior college and/or trade school subject to Rules promulgated by the State Board, including Policies Number 220.01 and 609.04. Plaintiff Merika Coleman will stand for re-election in 2010. 8. PLAINTIFF James P. Wrye is a resident of Alabama who intends to seek employment in the future as an educator, including employment with a junior college and/or trade school, and who intends to seek election in the future to the Alabama legislature. 9. DEFENDANT Bradley Byrne is Chancellor of the Alabama Postsecondary Education Department. 10. DEFENDANT Alabama Department of Postsecondary Education is a state agency falling under the auspices of the State Board responsible for administering certain rules and regulations and having certain responsibilities with respect to the states junior colleges and trade schools. 11. DEFENDANT Alabama State Board of Education is charged with promulgating 3

rules and regulations for the Alabama Postsecondary Education Department. 12. DEFENDANT Randy McKinney is President Pro Tem of the Alabama State Board of Education and a board member for District 1. 13. DEFENDANT Betty Peters is a member of the Alabama State Board of Education, District 2. 14. DEFENDANT Stephanie W. Bell is a member of the Alabama State Board of Education, District 3. 15. DEFENDANT Dr. Ethel H. Hall is Vice President Emerita of the Alabama State Board of Education and a board member for District 4. 16. DEFENDANT Ella B. Bell is a board member of the Alabama State Board of Education, District 5. 17. DEFENDANT David F. Byers, Jr. is Vice President of the Alabama State Board of Education and a board member for District 6. 18. DEFENDANT Sandra Ray is a board member of the Alabama State Board of Education, District 7. 19. DEFENDANT Dr. Mary Jane Caylor is a board member of the Alabama State Board of Education, District 8. JURISDICTION AND VENUE 20. This Court has jurisdiction, and venue is proper pursuant to Alabama Code Sec. 6-6-220 et seq., and Alabama Code Sec. 41-22-10 which provides for declaratory and injunctive relief to determine the validity and applicability of a rule in the Circuit Court of Montgomery County. Sec. 41-22-1 et seq. (AAPA). 4

COUNT I. 21. On August 23, 2007, the State Board adopted Alabama Department of Post- Secondary Education Policies 220.01 and 609.04. 22. The State Board is an agency and said Policies are rules as defined by the Alabama Code Sec. 41-22-1 et seq., the Alabama Administrative Procedures Act (the AAPA). 23. In the course of passing Policies 220.01 and 609.04, the Board failed to comply with the requirements of the AAPA. 24. As a result of its failure to comply with the AAPA in passage of Policies 220.01 and 609.04, said policies are null and void. 25. Policy Number 609.04 will effectively prohibit Plaintiffs Galliher, Spicer and Jackson, and others who are similarly situated, from fulfilling their roles as members of the Alabama House of Representatives without sacrificing their positions as employees of the Alabama junior college and/or trade school in which they are currently employed. 26. Policy Number 220.01 will preclude Plaintiffs Galliher, Jackson, and Spicer, and others who are similarly situated, from being able to seek re-election to their positions in the House of Representatives in 2010 without sacrificing their employment with the junior colleges and/or trade schools in which they are currently employed. 27. Said policies will likewise preclude Plaintiffs Merika Coleman and Linda Coleman, and others who are similarly situated, from obtaining employment in a junior college and/or trade school in Alabama without sacrificing their respective positions in the Alabama Legislature. 28. Said policies will likewise deprive Plaintiff Wrye and other similarly situated 5

members of the public of any opportunity to serve in the Alabama Legislature if he obtains employment at a junior college and/or trade school in Alabama. 29. Said policies will also affect the rights and interest of Plaintiffs Dermody and Williams, and other similarly situated members of the public, in representation in the legislature by the candidate for whom they voted and who was duly elected by the people of their districts both in this term of the legislature and in any future terms. 30. Said policies are expected by defendants to go into effect and to be enforced against the Plaintiffs and to affect Plaintiffs rights and interests as early as September 2007. It is likewise expected that the Governor will call a special legislative session in October 2007. Thus, Plaintiffs are facing imminent threat of irreparable harm. 31. If these policies are implemented and those legislators employed by Alabama s junior colleges and trade schools are forced to resign their positions, the taxpayers of this state will be forced to pay for thirteen special elections to replace legislators who were elected less than ten months ago. The cost to the taxpayers for special primaries, run-offs, and general elections would be substantial. WHEREFORE, premises considered, Plaintiffs pray that this Honorable Court will assume jurisdiction of this case, will require defendants to answer within the time permitted by law and will in addition thereto: A. Promptly set this matter for hearing on preliminary injunction and upon said hearing preliminarily enjoin defendants, their agents and employees, and all those acting in concert with them, from implementing or enforcing the said Rules in any manner pending the final outcome of this case. 6

B. Set this matter for final hearing and upon said hearing: i. Issue a declaratory judgment that Policies Number 220.01 and 609.04 are null and void for failure of the Board to comply with the provisions of the AAPA. ii. Permanently enjoin defendants, their agents and employees, and all those acting in concert with them, from implementing or enforcing the said Rules in any manner until and unless defendants comply fully with the AAPA. iii. Grant to Plaintiffs such other, further and additional relief as to which they many be entitled. Additional Claims That May Become Ripe In addition to Count One as set forth above, in an abundance of caution Plaintiffs hereby give notice of additional claims presenting additional reasons why Defendants new policies are void, unlawful, and unenforceable. Plaintiffs contend that these additional counts are not ripe for adjudication, because Defendants new policies are simply not in force as a matter of law for the reasons set forth in Count One relating to the Administrative Procedures Act. The following additional claims would become ripe for adjudication if Count One was resolved against the Plaintiffs, or if the new policies otherwise become effective following compliance with the AAPA. Plaintiffs will file an amended complaint that contains expanded allegations as to these claims, if such action becomes appropriate. a) Defendants new policies numbered 220.01 ( Elected State Officials: Employment Prohibited ) and 609.04 ( Flexible Work Schedule ) are outside the scope of the 7

policies that the State Board of Education is authorized by law to adopt. The State Board of Education only has the authority to adopt policies on certain subject matters, under Ala. Code 16-60-111.4. Policies 220.01 and 609.04, however, do not fall within those subject matters. These policies are ultra vires and therefore null and void. b) Policies 220.01 and 609.04 are void and unlawful because they conflict with Ala. Code 17-1-4. Each of those policies denies certain State employees the right to participate in political activities to the same extent as any other citizen, and is therefore in conflict with 17-1- 4. Furthermore, insofar as policy 220.01 reflects a refusal to approve leave for the purpose of fulfilling the duties of legislative office, that policy is also in conflict with Ala. Code 17-17-5. c) Policies 220.01 and 609.04 are void and unlawful because they conflict with the Fair Dismissal Act, Ala. Code 36-26-100 et seq. The meaning, intention, and effect of the policies is to terminate the employment of any person working for one of the State s two-year colleges who remains, or becomes, a legislator; the status of being a legislator and of performing the duties of a legislator is made a firing offense, without any regard to whether the employee s job performance is detrimentally affected at all by the employee s service as a legislator. This is in conflict with Ala. Code 36-26-102, which enumerates the permissible causes for termination of non-probationary employees of the two-year colleges; that list of permissible causes does not include the mere status of being a legislator or of performing the duties of a legislator. Policies 220.01 and 609.04 also require termination for reasons which are prohibited under Ala. Code Sec. 36-26-102. d) Policies 220.01 and 609.04 are unconstitutional; they conflict with various provisions of Alabama s Constitution and violate rights that are protected by that Constitution. 8

They constitute an attempt to impose a qualification for holding legislative office i.e., one cannot hold legislative office if he or she is employed in one of the State s junior colleges or trade schools and therefore conflict with Article IV of the Constitution, including but not limited to Section 47 thereof. e) Plaintiffs reserve the right to add additional claims pursuant to Ala. R. Civ. P. 15. 9 s/robert D. Segall Shannon L. Holliday (HOL088) Robert D. Segall (SEG003) Copeland, Franco, Screws & Gill, P.A. P.O. Box 347 Montgomery, Alabama 36101-0347 Telephone: 334-834-1180 Facsimile: 334-834-3172 Email: holliday@copelandfranco.com Email: segall@copelandfranco.com Attorneys for Blaine Galliher, Thomas Jackson, and Terry Spicer J. Cecil Gardner (GAR039) The Gardner Firm, P.C. P.O. Box 3103 Mobile, Alabama 36652 Telephone: 251-433-8100 Facsimile: 251-433-8181 Email: cgardner@thegardnerfirm.com Attorney for Thomas D. Dermody and Freddie Williams, Jr. Fred D. Gray Gray, Langford, Sapp, McGowan, Gray & Nathanson P.O. Box 830239 Tuskegee, Alabama 36083-0239 Telephone: 334-727-4830 Facsimile: 334-727-5877 Attorney for Linda Coleman and Merika Coleman

Edward Still (STI-009) Edward Still Law Firm LLC Suite 201 2112 11th Ave S Birmingham AL 35203-3352 Telephone: 205-320-2882 Facsimile: 877-264-5513 Email: Still@votelaw.com Attorney for James P. Wrye DEFENDANTS TO BE SERVED VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Bradley Byrne Alabama Postsecondary Education Department 401 Adams Avenue Montgomery, AL 36104 The Alabama Postsecondary Education Department 401 Adams Avenue Montgomery, AL 36104 The Alabama State Board of Education Gordon Persons Building 50 North Ripley Street Montgomery, AL 36130 Randy McKinney P.O. Box 2999 Gulf Shores, AL 36547 Betty Peters 3507 Huntington Place Dothan, AL 36303 Stephanie W. Bell 3218 Lancaster Lane Montgomery, AL 36106 10

Dr. Ethel H. Hall 7125 Westmoreland Drive Fairfield, AL 35064 Ella B. Bell 2634 Airwood Drive Montgomery, AL 36108 David F. Byers, Jr. Two Metroplex Drive Suite 111 Birmingham, AL 35209 Sandra Ray 2008 University Boulevard Tuscaloosa, AL 35401 Dr. Mary Jane Caylor P.O. Box 18903 Huntsville, AL 35804 11